Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Spain (Ratification: 1984)

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The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 4 August 2022. The Committee also notes the observations of the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), as well as those of the CCOO and the General Union of Workers (UGT), transmitted by the Government in its report.

Article 1 of the Convention. Representative organizations. The Committee notes that, in its observations, the CEOE requests the inclusion of the CEPYME in the tripartite consultation procedures on the preparation of reports. In this respect, the Government indicates that it sent copies of the reports on ratified Conventions to the CEPYME. In this context, the Committee recalls that “the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23, paragraph 2, of the Constitution. To fulfil their obligations under this provision of the Convention, it is not sufficient for governments to communicate to employers’ and workers’ organizations copies of the reports that they send to the Office. The consultations of the employers’ and workers’ organizations implies their active participation in the formulation and communication of their respective views. The comments on the reports that these organizations may subsequently transmit to the Office cannot replace the consultations which have to be held during the preparation of the reports” (see General Survey 2000 on Tripartite Consultation, paragraph 92). The Committee requests the Government to provide updated and detailed information on how consultation is guaranteed with all the employers’ organizations, including the CEPYME, in the procedures required under the Convention.

Articles 2, 5 and 6. Effective tripartite consultations. The Committee notes the detailed information provided by the Government concerning the consultations held with the social partners between June 2017 and June 2022 on matters relating to international labour standards covered by the Convention. With regard to the consultations concerning the reports on ratified Conventions, the Government indicates that such reports, once drafted, were sent to the social partners to enable them to make observations they considered important, and to which the Government responded. Subsequently, the observations of the social partners were sent, together with the reports, to the Office. The Government indicates that the views of the social partners are also included in the files for submitting and ratifying international labour instruments, which are sent to the Cortes Generales.

The Committee notes that the workers’ organizations - the CCOO and UGT - state that, while the timelines for the social partners to make their observations and contributions to the reports have improved, the Government continues to conduct consultation procedures in writing, despite the opposing position expressed by the workers’ organizations in this respect. The CCOO states that this consultation model is not tripartite, as the employers’ and workers’ organizations are not aware of the other parties’ observations and the Government’s responses to those until they receive the final version of the reports. The CCOO and UGT consider that it would be useful to explore procedures to guarantee effective tripartite consultations. In this regard, the CCOO maintains that such consultations could take place in in-person meetings with the three constituents, while the UGT has requested that the possibility be explored of establishing a tripartite committee specifically in charge of matters relating to international labour standards, or of holding consultations within a tripartite body with general economic, social or labour-related competence. The UGT highlights the failure to implement the Convention, as long as a new procedure to guarantee effective tripartite consultation is not established. In this respect, the Committee once again recalls that paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152) sets out the possibilities available to Member States to undertake the tripartite consultations required by the Convention. Under the terms of paragraph 2(3)(d) of the Recommendation, consultations may not be undertaken in writing except “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient” (see 2000 General Survey on Tripartite Consultation, paragraph 71). Lastly, the Committee notes the CCOO’s statement that it may be useful to draft an annual report on the working of the procedures provided for in the Convention, in accordance with Article 6 of the Convention. Therefore, the Committee once again requests the Government to indicate how it takes into account the opinions expressed by the representative workers’ organizations on the working of effective prior consultative procedures provided for in the Convention, as well as on the possibility of establishing amended procedures in response to the concerns expressed by the trade union organizations in their observations. The Committee also requests the Government to continue to provide detailed and updated information on the content and outcome of the tripartite consultations held on all matters related to international labour standards covered by the Convention. The Committee also requests the Government to indicate whether, in accordance with Article 6, it has consulted the representative organizations to draft an annual report on the working of the consultative procedures provided for in the Convention and, if so, to indicate the outcome of these consultations and provide a copy of the relevant report.